United India Insurance Co.Ltd. vs Komal Singh
2024 Latest Caselaw 21335 MP

Madhya Pradesh High Court

United India Insurance Co.Ltd. vs Komal Singh on 6 August, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

                                                              1                             MA-1740-2006
                             IN      THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                                  ON THE 6 th OF AUGUST, 2024
                                                  MISC. APPEAL No. 1670 of 2006
                                              UNITED INDIA INSURANCE CO.LTD.
                                                           Versus
                                                    BARTU AND OTHERS
                           Appearance:
                                   Shri V.K..Pandey, learned counsel for the Petitioner .

                                   Shri Purn Jeet Gupta-1,2,3, And 4. appearing on behalf of Manoj Soni.
                                                                  WITH
                                                  MISC. APPEAL No. 1737 of 2006
                                              UNITED INDIA INSURANCE CO.LTD.
                                                           Versus
                                                KUNWAR SINGH AND OTHERS
                           Appearance:
                                   Shri V.K..Pandey, learned counsel for the Petitioner .
                                   Shri Purn Jeet Gupta-1,2,3, And 4. appearing on behalf of Manoj
                           Soni.

                                                  MISC. APPEAL No. 1738 of 2006
                                              UNITED INDIA INSURANCE CO.LTD.
                                                           Versus
                                                 KU.HEMVATI AND OTHERS
                           Appearance:
                                   Shri V.K..Pandey, learned counsel for the Petitioner .
                                   Shri Purn Jeet Gupta-1,2,3, And 4. appearing on behalf of Manoj

Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 13-08-2024
12:26:31
                                                               2                             MA-1740-2006
                           Soni.

                                                 MISC. APPEAL No. 1739 of 2006
                                             UNITED INDIA INSURANCE COM.LTD
                                                           Versus
                                                  KU.SEEMA AND OTHERS
                           Appearance:
                                   Shri V.K..Pandey, learned counsel for the Petitioner .
                                   Shri Purn Jeet Gupta-1,2,3, And 4. appearing on behalf of Manoj
                           Soni.

                                                 MISC. APPEAL No. 1740 of 2006
                                              UNITED INDIA INSURANCE CO.LTD.
                                                           Versus
                                                 KOMAL SINGH AND OTHERS
                           Appearance:
                                   Shri V.K..Pandey, learned counsel for the Petitioner .
                                   Shri Purn Jeet Gupta-1,2,3, And 4. appearing on behalf of Manoj
                           Soni.

                                                               ORDER

This order shall govern the disposal of M.A.No..1670/2006 (United India Vs. Bartu and others), M.A. No.1738/2006 (United India Vs. Ku.Hemvati D/o Karam Singh and others), M.A. No.1740/2006 (United India Vs. Komal Singh and others) and M.A. No.1737/2006 (United India Vs. Kunwar Singh and others) arising out of ward dated 21.01.2006 passed in MVC No.46/2005, MVC No.44/2005, MVC No.42/2005 and MVC No.45/2005 by 3rd Additional Motor Accident Claim Tribunal, Mandla.

3 MA-1740-2006

2. All these appeals have been filed by appellants/Insurance Company for exoneration from liability to pay the compensation.

3. Learned counsel for the appellants/Insurance Company after referring to Para 6 of the impugned award as well as FIR and relying upon the Judgment in the case of National Insurance Co. Ltd Vs. V. Chinnamma and others reported in (2004) 8 SCC 697 and Phool Singh Vs. Pankhi and others reported in (2003) SCC Online MP 641 respectively submits that at the time of accident, in offending vehicle (tractor trolley) nearest party consisting 40 to 45 persons were being carried, therefore, insurance company is not liable to pay compensation. Hence, Insurance Company be exonerated from liability to pay the compensation.

4. Learned counsel for the respondent/owner driver submits that offending vehicle was ensured with appellants/insurance company for agriculture purposes. In view of roles framed under Motor vehicles Act, marriage parties can be carried, therefore, offending vehicle liable to pay the compensation.....

(ACHAL KUMAR PALIWAL) JUDGE

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